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: Doherty & ProgarA Visit From St. Nicholas, Legal Edition
By Michael Progar
A variety of foot apparel, e.g. stockings socks, etc., had been affixed by, adjacent to and around the chimney in said House in the hope and/or belief that St. Nick a/k/a St. Nicholas a/k/a Santa Claus (hereinafter ?Claus?) would arrive at some time thereafter.
The minor residents, i.e. the children, of the aforementioned House, were located in their individual beds and were engaged in nocturnal hallucinations, i.e. dreams, wherein visions of confectionery treats, including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear in said dreams.
Whereupon the Party of the First Part (sometimes hereinafter referred to as ?I?), being the joint-owner in fee simple of the House with the Party of the Second Part (hereinafter ?Mamma?), and said Mamma had retired for a sustained period of sleep. (At such time, the parties were clad in various forms of headgear, e.g. kerchief and cap.)
Suddenly, and without prior notice or warning, there did occur upon the unimproved real property adjacent and appurtenant to said House, i.e. the lawn, a certain disruption of unknown nature, cause and/or circumstance. The Party of the First Part did immediately rush to a window in the House to investigate the cause of such disturbance.
At that time, the Party of the First Part did observe, with some degree of wonder and/or disbelief, a miniature sleigh (hereinafter the ?Vehicle?) being pulled and/or drawn very rapidly through the air by approximately eight (8) reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.
Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen (hereinafter the ?Reindeer?). (Upon information and belief, it is further asserted that an additional co-conspirator, named Rudolph, may have been involved.)
The Party of the First Part witnessed Claus, the Vehicle, and the Reindeer intentionally and willfully trespass upon the roofs of several residences located adjacent to and in the vicinity of the House, and noted that the Vehicle was heavily laden with packages, toys, and other items of unknown nature and origin.
Suddenly, without prior invitation or permission, either express or implied, the Vehicle arrived at the House, and Claus entered said House via the chimney.
Said Claus was clad in a red fur suit, which was partially covered with residue from the chimney, and he carried a large sack containing a portion of the aforementioned packages, toys, and other unknown items. He was smoking what appeared to be tobacco in a small pipe in apparent intentional and/or willful violation of local ordinances and health regulations.
Claus did not speak, but immediately began to fill the stockings, socks and/or other foot apparel of the minor children, which hung by, adjacent to and around the chimney, with toys and other small gifts. (Said items did not, however, constitute gifts to said minors pursuant to the applicable provisions of the U.S. Tax Code.)
Upon completion of such task, Claus touched the side of his nose and flew up, rose up and/or ascended the chimney of the House to the roof where the Vehicle and Reindeer waited and/or served as lookouts. Claus immediately departed for an unknown destination.
However, prior to the departure of the Vehicle, Reindeer and Claus from said House, the Party of the First Part did hear Claus state and/or exclaim: ?Merry Christmas to all and to all a good night,? or words to that effect.
Full post as published by Doherty & Progar on December 21, 2007 (boomark / email).
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